tbbMeter License Agreement

Version 2008-11-03

Before installing this software, please ensure you read and agree to all the full terms of this software license agreement. If you do not agree to all the terms, you must not install (or if you have already installed, then immediately un-install) this software.

You must only install this software on your own computer. If you wish to install this software on someone else's computer, you must have their prior permission to do so. IF YOU ARE UNDER 18 YEARS OLD, YOU MUST GET YOUR PARENTS' PERMISSION BEFORE INSTALLING THIS SOFTWARE.

BROADBAND USERS - This software includes auto-update features; please note that if you run it on a mobile broadband connection or other metered connection which may result in you incurring additional charges for Internet traffic.

1. General

In this agreement, the following terms will be used:

"thinkbroadband", "we", "us" or "our" refers to NetConnex Ltd, the developer and distributor of the Software;

"User", "you" and "your" refers to the individual(s) or organisations that download install and/or use this Software or any party of it;

"TBBMETER" and "Software" mean the computer programs, related services and any additional material supplied by thinkbroadband as part of this package;

"technology partner" or "technology partners" is a technical term describing the company or companies which have provided components for this Software; this does not constitute a legal partnership.

"Isposure" and "Epitiro" means the software and platform operated by Epitiro Technologies Ltd.

2. Grant of license

We hereby grant you a limited non-exclusive license to use this software free-of-charge to monitor and report on the performance of network connections. The Software will remain the sole property of thinkbroadband at all times.

We retain the ownership and right to use any data gathered by the software transmitted to our servers for statistical and troubleshooting/debugging purposes and may share the data or a sub-set of it with our technology partners and service providers.

We may update this license at any time giving fourteen (14) days' notice by posting a new license at the following website:

http://www.thinkbroadband.com/go/tbbmeterlicense

Continued use of this Software will constitute acceptance of any such updated license terms.

3. Restrictions

You shall not modify, adapt, copy, duplicate, distribute, reproduce, license, sub-license, de-compile, develop or reverse engineer this Software or any of its components without written authorisation from thinkbroadband, and where the module is provided by a technology partner, both thinkbroadband and the relevant technology partner. You shall not produce guides, tools or other documents to assist, encourage or facilitate such actions by others. You may not interfere or tamper with the communication between the Software and our servers, or attempt in any way to impersonate our Software by communicating with our servers by means of methods used by our Software. You may also not use the Software in any way which is designed for, or with the primary purpose of distorting our statistics.

You may not install this Software on any safety-critical system including but not limited to any system used in the delivery of any medical or life support services, critical national infrastructure, or any system which may directly or indirectly cause injury (e.g. access control systems).

4. Your Obligations

We have made every effort to ensure our Software is free of bugs and malicious code. We have also digitally signed the TBBMETER installer to protect you; however you must also make sure you protect your computer by installing Anti-Virus, Anti-Spyware and firewall software/hardware and ensure the Software you download from us is digitally signed. You should also visit our website site regularly for updates. We would highly encourage you to register on our site and sign up to our TBBMETER mailing list so that we can notify you of any important updates.

5. Intellectual Property

This Software is protected by copyright law and may contain technology or intellectual property which is patented or subject to other rights/protection. The User undertakes to take all reasonable precautions to maintain the confidentiality and security of the Software, related data and information collected and all know-how and trade secrets incorporated therein and not to copy the computer programs or other components other than as required by the installation procedure for use of the said programs subject to the terms of this license.

6. Automatic Updates

We may produce updates to this Software and distribute them to you over the Internet. The Software may contact our servers to obtain such updates and (without your express permission) install them on your system automatically. These updates may provide additional, modified or reduced feature sets as determined by us.

7. Support

We and our technology partners may provide support and assistance for users of this Software but you acknowledge that neither we nor our technology partners are under any obligation to do so. Where we provide such support or assistance, you fully accept any and all liability that results out of any actions you carry out on your system even if we have asked you to do so.

8. Termination

This license agreement is effective until terminated by either party. You may terminate this agreement at any time by uninstalling and removing all copies of the Software in your possession. We may terminate your license to use this Software at any time without prior notice and without providing a reason. We may terminate your licence by posting a notice on the website licence page in paragraph 2 of this agreement) or by informing you by any permanent method of communication including post, fax or e-mail; We may also cause our software to disable itself automatically which shall also be construed as a termination of this license. You will not make any attempts to install further copies of the software if we terminate your licence without our written consent.

You will immediately cease using the Software and within ten (10) days, delete all copies of the Software in your possession on termination of the license agreement.

Our technology partners may terminate your right to use any modules produced by them as part of this Software.

9. Distribution

You may download this Software from thinkbroadband.com free-of-charge. You may not distribute it to others (including but not limited to hosting a copy on your website or including it on a CD-ROM you distribute) whether for profit or otherwise. You may however download one copy, save it to a portable media device or internal network resource and install it on multiple computers you are authorised to install applications on. We would strongly urge you to ensure you have the latest installer when doing so.

10. Limitation of liability

Thinkbroadband warrants that it has taken all reasonable steps to ensure the Software is free from defects in normal use and does not contain any viruses or other malicious code. This limited warranty is provided for ninety (90) days from the date of original download or installation (whichever is earlier). Your sole remedy for breach of this warranty is to terminate this agreement by uninstalling and deleting all copies of the Software. You agree to report to us as soon as practical, in confidence, of any security issues you become aware of and you will give us a reasonable time to fix and distribute an update prior to making any public disclosure of any flaw or bug.

We, our distributors and technology partners do not guarantee, warrant or make any representations that the Software meets any particular requirements or that its operation will be uninterrupted or error-free.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THINKBROADBAND, ITS DISTRIBUTORS AND TECHNOLOGY PARTNERS SHALL BE UNDER NO LIABILITY OF ANY DEFECT ARISING FROM NORMAL WEAR AND TEAR, WILFUL DAMAGE, NEGLIGENCE, ABNORMAL WORKING CONDITIONS, FAILURE TO FOLLOW OUR INSTRUCTIONS (WHETHER ORAL OR WRITTEN), MISUSE OR ALTERATION OR REPAIR OF THE SOFTWARE WITHOUT OUR APPROVAL.

WE, OUR DISTRIBUTORS AND TECHNOLOGY PARTNERS EXCLUDE ANY LIABILITY FOR DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE SOFTWARE OR THE USE THEREOF.

This software will communicate with our servers to provide us with data about network usage and to download updates. It also gives you the option of carrying out performance tests. You agree to accept any costs you incur as a result of the bandwidth/traffic used by these updates. If you are on a mobile broadband connection or other broadband service which includes usage allowances, caps or fair usage policies, you need to be particularly mindful of this.

We, our distributors and technology partners accept no liability for errors or omissions in any statistics, data or other literature.

We, our distributors' and technology partners' sole obligation or liability under this agreement is the replacement of any defective software according to the limited warranty above. You agree that neither we, our distributors nor technology partners (nor our employees, directors, agents or contractors of our distributors and technology partners), nor anyone else involved in the creation, production or delivery of the Software shall be liable for any indirect, incidental, special or consequential damages (including but not limited to, loss of anticipated profit, revenue, data or use) incurred by the user or any third party in connection with or arising out of the use of the software, even if we, our distributors or technology partners have been advised of the possibility of such damages.

Where the User comprises two or more persons their liabilities and obligations to us, our distributors and technology partners shall be joint and several.

All the disclaimers and limitations of liability in this agreement in respect of thinkbroadband should be read as including our distributors and technology partners.

Nothing in this agreement shall be construed to affect your statutory rights or our liability for death or personal injury from our negligence.

11. Privacy

This Software will gather information about the performance of your network connection(s). This includes carrying out active tests to measure as well as passively monitor the performance of your activity over the network. It may aggregate such usage by protocol and destination but it will not examine the contents of your communications. We will comply with all legal requirements under the Data Protection Act 1998 and any other relevant legislation, including processing the data we hold fairly.

The Software will communicate with our servers, those of our technology partners and third parties as necessary to fulfil its functions, including transmitting performance metrics, details of usage levels by type and debugging information to assist us in analysing this data. It will also transmit any registration information you provide along with a unique identifier.

We and our technology partners may provide to you statistics based on this data. We and our technology partners may also use the data to produce statistics for third parties (including but not limited to aggregation by geography or service provider).

We may also provide "diagnostical data" to your service provider for the purposes of assisting them in network design, support and troubleshooting connection problems you may be experiencing. This may include data (e.g. IP address) which, in combination with their own records, allows them to identify your connection. We will only provide this data as necessary for these agreed purposes.

Except as set out in the previous paragraph, we and our technology partners will not publish any personal information or pass on such personal information to any third parties. Any data that is distributed to third parties is anonymised and/or aggregated prior to publication.

We ask you at registration time to provide us with your postcode and other data—We will NOT use this data to contact you for marketing purposes. It will only be used by us and our technology partners to produce geographical statistics.

For transparency, we would like to disclose to you a non-exhaustive list of data the Software sends to our server:

12. Technology partners

This Software contains additional components produced by Epitiro Technologies Ltd. that is provided under this license agreement. Copyright and associated intellectual property in these modules remains with Epitiro.

13. Modules

You will not write any applications, modules or code which interfaces with the Software unless it has been authorised by us; except that you may produce "alarm configuration files" which you can share with others provided you do so free-of-charge; You agree that thinkbroadband is not liable for the accuracy or content of any alarm files it produces or that are provided to you by others.

14. Entire Agreement

This agreement shall constitute the entire agreement between you and us. You warrant that you have read and fully understood and agreed to be bound by these terms. The terms in this agreement supersede all proposals, prior agreements or any oral/written representations. You warrant that you are not relying on any such representations in entering into this agreement.

If any part of this agreement shall be construed to be illegal, invalid or unenforceable in any way, any such clause or part thereof shall be deemed to have been deleted from this agreement and the remaining terms shall remain in effect.

This agreement does not confer rights to any third parties under the Contracts (Rights of Third Parties) Act 1999.

The headings in this agreement are provided for convenience only and do not form a part of the agreement.

15. Export

This Software contains encryption components which are subject to export regulation. You accept all liability for exporting this Software if you are downloading it from, or transferring it outside of England and Wales.

16. Transfer of licence

We may assign our rights and obligations under this agreement to any other entity. You may not assign the rights or obligations under this agreement without our written consent.

17. Applicable Law

This agreement shall be governed exclusively by the laws of England and any dispute shall be dealt with in the English courts.

This Software includes InstallShield components from Acresso Software Inc. and links to libraries from Microsoft Corporation which may be subject to their respective terms and conditions. Trademarks are the property of their respective holders.